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Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
.... the polling was held on 14.3.90 one month after the said scrutiny of the nomination paper and the petitioner was declared elected by an overwhelming majority of 4251 votes. The petitioner's name was published in the Official Gazette as the elected Chairman of Shariatpur Sadar Upazila Parishad and a...... No. 2072 of 1990. Judgment Anwarul Haque Chowdhury J. - This Rule arises out of an application under section 115 read with section 151 of the Code of Civil Procedure and is directed against an order passed by the Election Tribunal Judge, Shariatpur rejecting the application filed by the petit......eferred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For the petitioner. Aminul Huq with Abdul Gani Talukder, Advocates ‑ For Opposite party No. 1. Civil Revision No. 207...... 587. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......he Court of the learned Additional Sessions Judge, Netrokona and at the conclusion of the trial they were convicted under the said charges and sentenced to transportation for life by the judgment and order dated 30.8.96 of the Additional Sessions Judge. 2. Being aggrieved by the aforesaid judgmen......them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......when she had burnt a kupibati due to the natural call of her minor son, the accused‑persons numbering 5 entered into her hut with dao, chhuri and chewar etc. in hands by pushing the "jhap door" and one unknown person threatened and resisted her with dao and asked her not to speak, while the other ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ...... the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No. 2 the Additional Deputy Commissioner, (Rev.) cancelling the lease ......Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul Amin, Advocate ‑ For the O......lso Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......fter 79 days of the seizure of the goods. He denied the defence suggestions that he released the owners of the good's from the truck and arrested the appellants and filed a false case against them in order to save his service. 6. PW 2 Abdur Rashid corroborated the statements of PW 1 saying that o......ppellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......eizure list was prepared. In cross‑examination he said that he did not remember the name of truck driver and the number of drums. He stated that a seizure list was made. The palm oils were given to one person but he did not remember his name. He also denied the defence suggestion that without arre..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......s by the defendant would lead us to presume that the plaintiff has tenancy right in the suit‑land. The above fact by itself does not exonerate the plaintiff from proving his case. "The plaintiff in order to succeed must prove, beyond reasonable amount of doubt his title ill the suit land." 10. ..............................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and others, 27 DLR 465; Gappulal Vs. Thaku......at the lands of the 1st schedule were patit 25/26 years back and out of the said lands he took pattan of 11 kedars described in the second schedule of the plaint and started to reclaim the same; that one Narendra instituted a criminal case against him on false allegations of cutting away paddy but s..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......eported in: 43 DLR (1991) 548....... Hafizullah with Sk. Siddique, Advocates ‑For the Defendant No. 1. Admiralty Suit No. 55 of 1985. Judgment Md. Mozammel Hoque J. - This is an application filed by the Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the p..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ...... thereof) have been excluded. Under the provisions of section 17 of the Ordinance the Court of appeal below can only decide the appeal and sub‑section (6) of section 17 shows that on receipt of the order passed by the District Judge in appeal the Family Court shall modify or amend the judgment, de......subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ...... High Court Division (Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment Augu..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ...... the Petitioner. Md. Nurul Huq with Shamim Khaled Ahmed, Advocate ‑For the Opposite Parties. Civil Revision No. 224 of 1986. Judgment AM Mahmudur Rahman J. - This Rule arising out of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an o......be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......Reported in: 43 DLR (1991) 540. ..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ......‑ For the Petitioners. Miah Abdul Gafur, Advocate ‑ For the Opposite Parties. Civil Revision No. 104 of 1987 Judgment AM Mahmudur Rahman J. - By this Rule the petitioners impugned the order of the Munsif, 2nd Court, Dhaka vacating an order rejecting a petition for injunction and rest......n J Atash Ali and others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul Islam Vs. A.......Reported in: 43 DLR (1991) 539. ..Category: Civil Law | Date: | Hits: 93
....ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......sted in the said Company. In the year 1964 Pakistan Manufacturers and Industries Limited purchased "Ujala Match Factory", situated at Chota Katra, Dhaka, in an auction sale by the liquidator under an order of this Court and the machineries of the said Ujala Match Factory were removed from its origin......d observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
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Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......d Ansar Ali J. - Upon an application under section 561A of the Code of Criminal Procedure at the instance of the State this Rule was issued upon the accused opposite party to show cause as to why the order dated 11.10.88 passed by the learned Upazila Magistrate, Dinajpur Sadar in Kotwali PS. case No......The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......91) 529...Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......ates ‑For the Opposite Parties. Civil Revision No. 401 of 1986. Judgment DM Ansaruddin Ahmed J. - This Rule issued at the instance of the first defendant Nannu Miah is directed against the order passed on 8.4.86 by the Subordinate Judge‑in-Charge, 1st Court, Dhaka refusing to reject t......charged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......eported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....rchar Primary School. After the election the petitioner was declared to have returned having secured 4429 votes. Opposite party No. 2 polled the 2nd highest number of votes i.e. 3604. The result was published in the Bangladesh Gazette on 3.7.1988. Opposite party No. 1 thereafter presented an electi......r. Abdul Baset Majumder, Advocate ‑ For Opposite Party No. 1. Civil Revision No. 1692 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. -This Rule is directed against the judgment and order dated 19.8.90 passed by the learned District Judge, Comilla in Election Appeal No. 30 of 1989 ......sh Roy Chowdhury J Abul Kashem.....................Petitioner Vs. Mafiz Mia and others...........Opposite Parties. Judgment April 4, 1991. Lawyers Involved: Khandaker Mahabubuddin Ahmed with Md. Faruque and Mirza Hossain Haider, Advocates For the Petitioner. Abdul Baset Maj...... also Reported in: 43 DLR (1991) 523. ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......man Khan J. - On an application filed under section 561A of the Code of Criminal Procedure the Rule was issued calling upon the Deputy Commissioner, Narsingdi to show cause as to why the judgment and order dated 20.6.1987 passed by the learned Sessions Judge, Narsingdi in Sessions Case No. 34 of 198......sult, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......d in: 43 DLR (1991) 519...Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......urul Islam-For the Respondents. Appeal from Original Order No. 219 of 1977 with Civil Rule No. 639 (fm) of 1977. Judgment KM Subhan J.- This appeal by the Government is from the judgment and order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money S......te Division Judgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- ......No. 639 (fm) of 1977. Judgment KM Subhan J.- This appeal by the Government is from the judgment and order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendan..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......e case was tried by the Additional Sessions Judge, 3rd Court, Dhaka and the appellant was found guilty to the charge under section 302 of the Penal Code and sentenced to death. Being aggrieved by the order of conviction, the appellant has preferred the aforesaid appeals. The learned Addi Sessions Ju......ia alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......azzem Hossain, Deputy Attorney General with Md. Enamul Hoque, Advocate ‑ For the Respondent. Serajul Huq with Md. Munsurul Hoque Chowdhury and ABM Golam Majid, Advocates ‑For the condemned prisoner. Death Reference No. 15 of 1986 with Criminal Appeal No. 11 of 1987. Jail Appeal..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
.... case of Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81 wherein it has been held that according to section 103B of the Bengal Tenancy Act every entry in a record of right finally published shall be evidence of the matter referred to in such entry and shall be presumed to be corr......r. NK Shaha, Advocate ‑ For the Opposite. Civil Revision No. 338 of 1981 Judgment AM Mahmudur Rahman J. - This Rule is obtained by the pre‑emptor petitioner against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption cas.....................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda Hasinal Ara Begum and another, 21 DLR 633; Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR ...... 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......tioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrakona made in Miscellaneous ......an, Advocates ‑For the Petitioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Net......3 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......0. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibusdi, PS......at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......preme Court High Court Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and other..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......short but an important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) o........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers......orted in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
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